PREVIDENCIARY MORAL DAMAGE: BETWEEN ADMINISTRATIVE ERROR AND SYSTEMATIC JUDICIALIZATION

Abstract

This article analyzes moral damages in social security caused by repeated administrative errors and the resulting systematic judicialization of claims by insured individuals. It starts from the observation that operational failures by the National Institute of Social Security (INSS), such as omissions, delays, and improper denials, have led to moral harm to beneficiaries, giving rise to compensation lawsuits for violations of fundamental rights. The research adopts a qualitative approach, based on doctrinal and jurisprudential review, highlighting the configuration of the State's strict liability. It concludes that the increase in judicialization reveals not only the inefficiency of the administrative route but also the consolidation of moral damage as a compensatory and pedagogical mechanism in the social security field.